Supreme Court Rules in Favour Of Former First Bank Dispatch Rider Implicated in N355Million Fraud, Orders N7.5Million Payment in Damages
The Supreme court of Nigeria has ruled in favour of Omeli Humphrey Darlington, a former dispatch rider at First Bank of Nigeria Plc, entangled in a multi-million naira fraud with some former staff members of the bank.
Darlington, who worked with the Iganmu branch of First Bank between October 2010 and December 2013, was implicated in a failed N355 million fraud by two staff members of the bank, Mr. Abimbola Jaiyesimi and Mrs. Mojisola Majasan.
After the attempt to divert the money was exposed, being the only junior staff member aware of the fraud, he was accused of attempting to unilaterally defraud the bank.
Having been subjected to torture and humiliation, Darlington instituted a case of fundamental human rights abuse against the officials.
In February 2016, Justice W. Animasahun of the High Court of Lagos State in a fundamental right proceeding between Darlington and Jaiyesimi and Majasan, delivered judgement in favour of Darlington.
The duo were held responsible by the court for illegal detention and N17.7 million was awarded against them, while N500,000 was awarded against the police station at Ikoyi.
Jaiyesimi and Majasan appealed against the judgement at the Court of Appeal, Lagos Division. In its ruling on the 14th of December, 2017, the appeal court affirmed the judgment of the trial court in favour of Darlington.
Subsequently, the case was tried at the Supreme Court of Nigeria in Abuja before the lordships: Helen Moronkeji Ogunwumiju; Musa Dattujo Muhammad; Chima Centus Nweze; Uwani Abba Aji; Adamu Jauro with case number: SC. B05/2018.
Delivering judgement on March 4, 2022, Justice Helen Moronkeji Ogunwumiju ruled in favour of Darlington, ordering the payment of N7.5 million as damages awarded against the 2 Appellants.
The court further ruled that the amount awarded as costs stands as there was no appeal against such.
The case file reads, “This is an appeal against the concurrent findings of fact of the two lower courts. The Court of Appeal, Lagos Division, Coram: J.S Ikeyegh; U. A. Ogakwu; A. O. Obaseki-Adejumo delivered its judgment on the 14th day of December 2017 affirming the judgment of the trial Court in favour of the Respondent.
“The Appellants had appealed against the judgment of the trial court delivered by Hon. Justice W. Animasahun of the High Court of Lagos State in a fundamental right proceeding on the 1 day of February 2016 wherein judgment was delivered in favour of the Respondent (Applicant at the trial).
“There is no evidence that the Respondent would have lost a lot of money during the detention even though he lost his liberty in egregious circumstances.
“Having agreed that the behaviour of Appellants was wrong and malicious, but taking into consideration that the Appellant did not actually lose money during the period in view, the awarded damages are revised downwards as follows:
“1. N5 million (Five Million Naira) damages awarded against the 2 Appellants.
“2. N2.5 million (Two Million, Five Hundred Thousand Naira) damages awarded against the 2nd Respondent.
“The amount awarded as costs stands, there being no appeal against same. Appeal succeeds in part. Parties to bear their cost of this appeal.”
